Case number and/or case name
OLG Düsseldorf, 27.03.2015 - I-16 U 108/14
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
26 March 2015
CJEU's case law cited by the court
Summary
The plaintiff is a foundation based in Liechtenstein. The parties argue about obtaining mutually release permit of money amounts deposited at the Local Court. The court stated that the defendant had the right to claim under the provisions of unjust enrichment as the claimant had obtained his blockade position regarding the deposited amounts without legal justification.
It was doubtful whether the claimant had obtained a repayment claim by assignment. The court stated that the assignment pursuant to Art 14 (1) Rome I was to be assessed under the law that applied to the contract existing between the parties. Therefore, Art 3 et ff Rome I were decisive. The court Art 4 (2) Rome I determined the law applicable to the underlying donation. As the transfer of assets was the characteristic performance in a donation, the law of the place where the donor has his habitual residence was to be applied. This was Swiss law.
The Federal Court of Justice (IX ZR 79/15) rejected the appeal without examining the application of foreign law.